California’s Safe Drinking Water and Toxic Enforcement Act of 1986 [Cal. Health & Safety Code §25249.5 et seq.], known as Prop. 65, has created numerous hurdles for manufacturers and distributors who want to sell their products to the expansive California market. On January 12, 2015, the Office of Environmental Health Hazard Assessment (“OEHHA”) released proposed modifications to Prop. 65 which, if adopted, would make those hurdles even larger, especially for those in the food industry.
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